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2004 Summary of New State Laws - California

Issue

Bill #

Bill Description

Fire Insurance

AB 2199

Provides that the measure of indemnity under an open fire insurance policy that requires payment of the replacement cost is the amount it would cost the insured to repair, rebuild, or replace the damaged property without a deduction for physical depreciation or the policy limit, whichever is less. Effective 8/25/04. Chapter 311, Laws of 2004.

Homeowners Insurance

SB 1855

Requires insurers to include additional information about the insured property on the declarations page and include with the disclosure statement a copy of the California Residential Property Insurance Bill of Rights. Effective 1/1/05. Chapter 385, Laws of 2004.

Surplus Lines

AB 2490

Allows, until January 1, 2008, non-admitted insurers and surplus lines brokers selling personal lines insurance to immediately bind coverage for homeowners' insurance in the same way as non-admitted insurers and surplus lines brokers may currently do for commercial lines. Effective 1/1/05. Chapter 95, Laws of 2004.

Workers' Compensation

(Death Benefits)

AB 1840

Provides for the payment of $250,000 in death benefits to the estate of a deceased police officer who has no total dependents and no partial dependents for injuries occurring on or after January 1, 2003, but prior to January 1, 2004. Effective 1/1/05. Chapter 92, Laws of 2004.

(Definitions)

AB 2649

Excludes from the definition of "employee," for workers' compensation purposes, any person who is an owner-builder who is participating in a mutual self-help housing program sponsored by a nonprofit corporation. Effective 1/1/05. Chapter 83, Laws of 2004.

(Fraud)

AB 2866

Requires the Department of Insurance to post on its Internet Web site information relating to any case and defendant convicted of a violation of any insurance fraud provisions involving workers' compensation insurance, services or benefits. Effective 1/1/05. Chapter 281, Laws of 2004.

(Fraud)

SB 1344

Adds workers' compensation insurance fraud investigations conducted by peace officers in the office of internal affairs of the department of corrections to investigations exempt from provisions regarding the disclosure of records. Effective 1/1/05.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.

California State Resource Center